Uniform Matters

DOD Releases New Religious Accommodation Instruction

Military Departments Now Accommodating Religious Requests

10 February 2014By Cheryl Pellerin, American Forces Press Service

The Defense Department released a new instruction Jan. 22 that details its updated policy on making religious accommodations requested by service members, Pentagon spokesman Navy Lt. Cmdr. Nathan J. Christensen said.

A DOD instruction implements a policy or prescribes the manner or plan of action used to carry out a policy, operate a program or activity, and assign responsibilities.

"The new policy states that military departments will accommodate religious requests of service members," Christensen said, "unless a request would have an adverse effect on military readiness, mission accomplishment, unit cohesion and good order and discipline."
When a service member requests such an accommodation, he added, department officials balance the need of the service member against the need to accomplish the military mission. Such a request is denied only if an official determines that mission accomplishment needs outweigh the need of the service member, Christensen said.

Requests to accommodate religious practices will be assessed on a case-by-case basis, the spokesman noted.

"Each request must be considered based on its unique facts, the nature of the requested religious accommodation, the effect of approval or denial on the service member's exercise of religion, and the effect of approval or denial on mission accomplishment, including unit cohesion," he added.
Immediate commanders may resolve religious accommodation requests that don't require a waiver of military department or service policies that address wearing of military uniforms and religious apparel, grooming, appearance or body-art standards.

Accommodation requests that require a waiver will be forwarded to the respective military department for determination.

Christensen said that factors used to determine if religious apparel interferes with military duties include whether the item:

- Impairs the safe and effective operation of weapons, military equipment or machinery

- Poses a health or safety hazard to the service member wearing the religious apparel

- Interferes with the wear or function of special or protective clothing or equipment such as helmets, flak jackets, flight suits, camouflaged uniforms, protective masks, wet suits and crash and rescue equipment; or

- Otherwise impairs the accomplishment of the military mission.

The spokesman said department officials believe the new instruction will enhance commanders' and supervisors' ability to promote the climate needed to maintain good order and discipline, and will reduce the instances and perception of discrimination toward those whose religious expressions are less familiar to the command.

"The Department of Defense places a high value on the rights of members of the military services to observe the tenets of their respective religions and the rights of others to their own religious beliefs," Christensen said, "including the right to hold no beliefs."

Editor's Note: Chief of Naval Personnel Vice Adm. Bill Moran and Chief of Chaplains Rear Adm. Mark Tidd published an article Jan. 23 on the Navy Blog describing how this DOD policy would be implemented throughout the Navy. The following is an excerpt from that article:

Any request that requires a waiver to Navy uniform or grooming regulations must be submitted to the Secretary of the Navy. This change allows for greater consistency and uniformity in how our policies are decided and carried out.

Chaplains and JAG officers advise leaders as they evaluate requests for religious accommodation, with every request handled on a case-by-case basis. In all of these requests, leaders at every echelon pay close attention to a number of factors, including, but not limited to:

- The importance of military readiness and unit cohesion in carrying out the military missions,

- Health and safety,

- The religious importance of the requested accommodation to the one making the request.

Whether it's the local commanding officer, Chief of Naval Personnel, or Secretary of the Navy, each of these factors is considered as we honor the right to observe the tenets of a religious faith and ensure we're able to accomplish our missions. If you have further questions on this policy, be sure to ask your chain of command, a local chaplain or your Region Legal Service Office to get more information and guidance.